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In July, 2008, I came across VacationRentals.com, and saw this house for rent to vacationers. I left a message, and was contacted by this woman who told me she was representing her mother's interests.
She then instructed me to her own website where the house was being advertised, also, but with no name and address under the "Contact Us," information. She explained that as being careful, since they are both females living alone. The house is in Orlando, Florida, and both live out of state. We began to communicate via telephone and e-mails, and we agreed on a lease for 5 weeks.
The house was advertised as a 4 bedroom, 2- story house, with a heated pool, in a gated community in Florida, and she has a Management Company in Florida, taking care of the house. We agreed on $3, 750 for the 5 weeks, with a $250 refundable deposit, after the house is vacated.
She wanted 1/2 of 3,750 upfront, but I told her I did not feel comfortable shedding all that money, in July, when it is supposed to be a winter rental beginning February 2009, so we agreed on a $250 deposit upfront, which I sent her via an Official Bank Check, and the remainder to be paid 30 days' before my trip to Florida
She drawed a very legal and professional lease, her mother and her signed it, and send me a copy. Yesterday, she sends me an e-mail telling me THE HOUSE WILL BE CHANGING OWNERS BY XMAS, and that the "new owners" will honor the lease. She said that "new owners" will contact me, and that I am to send them the remaining $3,500, according to the lease, which will have to be PAID via Official Bank Check by the end of December, 2008.
We have been commnunicating back and forth over the telephone and the internet, since July, and NOT ONCE DID SHE EVER MENTIONED THAT THE HOUSE WAS ON THE MARKET FOR SALE.
I feel deceived by this person, and now feel I can no longer trust her. Furthermore, I have not idea who these "new owners" are, or whether they will abide by the lease, since I never contracted with them from the beginning.
What I want to do is to pay them via Official Check upon my arrival to Florida, at their Management's Office, or if they do not acquire one, I want to meet them. in daylight and have them hand me the keys, after the house is opened.
If I do not proceed with this lease, can the original owner sue me, even though SHE HAS DECEIVED ME.
So you are sending the current owner money for use of a home that the owner will not own in February ?
And the new owners are ok with you living in their new home without paying them ?
Smells like a scam. I'd ask for my money back and if they refuse then chalk it up.
Better to lose $250 than $3750. Plenty of vacant homes in Florida you can rent through reputable rental agencies or better yet..stay in a hotel.
Whoa! There are so many scams out there. This person has already admitted they do not own the home anymore (as of December 31st, anyway). Are you really sure these people are actually the owners of the house now? They say they are using a management company. Have you checked that out? The property management company should be handling all the details - lease agreements, collection of deposits, etc.
Do you realize that one of the most prevalent scams right now is someone posing as the owner of a property advertised on the Internet? They get people to send them money to rent a home they don't own, and then when the renter shows up on the doorstep they find the "real" homeowner on the other side of the door with a blank look on their face, and the renter suddenly realizes they just gave a bunch of money to a con artist.
I agree with the above comments. This does sound like a total scam. There are quite a few red flags such as the lack of contact information, not disclosing upfront that the house was for sale, and especially requesting full payment before you arrive! When you sent the deposit, if that went to a P.O. Box address, that would be another red flag right there.
You probably will be better off to cut your losses. I am not sure how you can get the deposit back.
Next time I would definitely look for a vacation rental through an agency or through friends who have stayed at a great place and can make recommendations. I wouldn't trust any place you randomly find on the Internet unless there is a definite way to check their credibility.
I think you were leasing a house not the owner. Businesses change hands, are people going to stop drinking Bud cause it's now owned by ImBev?
I think you need to make contact with the new owner, make sure they have a copy of the lease agreement, and make sure you feel comfortable with them. When they purchased the property they may have done so based on the rental history and have every intention of continuing as a vacation rental.
One of the nice things about most counties in Florida is that the property records are on line. So you should be able to lookup the property and verify the ownership. Start by searching the Orange county property appraisers website. You should be able to get to the property record by address or owners name, although the property may be held by a trust or business, so address is best. If the info matches what you've been told then the likelihood of a scam is greatly reduced.
The terms that you mentioned are very common for vacation rentals in high volume tourist areas. The owner wants to make sure that the renter won't change their mind leaving them with weeks in season that need to be rented on short notice. Most will return the deposit even if the renter changes their mind, as long as the landlord is able to fill the vacancies.
Good luck and I hope you have a wonderful time during your vacation. Come and visit the west coast while your down. Sarasota is a beautiful city and time on the beach can make a vacation.
FLBOB makes some good points, and it is very true that in a legitimate situation that the new buyer would honor the lease, not only because they probably purchased the home with the intent to have a rental vacation property, but also because renters are protected by their lease under law and the lease agreement survives any change in title to the house.
The parts of your post that are red flags to me are: "She then instructed me to her own website where the house was being advertised, also, but with no name and address under the "Contact Us," information. She explained that as being careful, since they are both females living alone. " This sounds fishy to me. If they're that scared, then why isn't a Management Company handling the rental contact?
" . . . she has a Management Company in Florida, taking care of the house." Again, it would seem to me that if she had employed a Mgmt Co, they would be handling everything, including the paperwork and collection of rent.
As I reread your post, though, I got a little confused. Who are you to send your $3500 to - this lady or the new owners? When I read it the first time through I thought it was this lady, which would be another red flag since the home is being sold. However now I'm not sure. If it's the new owners then it seems more legitimate, however I would definitely want to verify that you're in fact dealing with the owner of the house and not someone else posing as the owner.
It's a common model of vacation rentals is that often the owner does handle the leasing and money exchange. My guess is that over 90% of the properties on sites like VacationRentals.com are handled that way. Out of area owners hire a management company to handle the turn-over, deal with problem resolution, and regular maintenance for a fee.
Many owners do basic screening via email prior to providing a phone number.
Knowing that the property has changed hands, I definitely would not send any additional funds to the past owners. I'd also want to know if prior deposits are in the possession of the new owner.
The part that does annoy me, is that the new owners have not sent you a letter informing you of the change in ownership. I know if I had purchased a property with the intent of using it for vacation rentals I'd want to retain the existing contracts.
Congratulations... you sent money to someone you don't even know and never even CHECKED to see who REALLY owned the home... you have been SCAMMED... too bad for you... if you are interested, I own the White House and will let you lease it for a month for $500... send me half now and you can come visit later... this scam has been going on for I don't know how long... its even been on TV... they keep bilking more and more and more money, until you figure it out...
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